Voon says that it has to be noted that there is no rule to allow police to conduct random inspection of people’s handphones. — AFP photo
KUCHING (Jan 17): The police need to comply with certain conditions before inspecting handphones in public places and in homes of citizens, said Parti Bumi Kenyalang (PBK) president Voon Lee Shan.
The former state assemblyman and former policeman also said it has to be noted that there is no rule to allow police to conduct random inspection of people’s handphones.
“Although the Inspector-General of Police (IGP) said police are empowered to stop and inspect handphones of citizens there are conditions that police need to comply with before such inspections could be allowed. Not all police officers are empowered to do so,” said Voon, who is a lawyer, in a press statement yesterday.
Random checks, he added, could give rise to abuse by police officers and could be seen as encroachment to privacy.
He pointed out that random checks of handphones in search of information and evidence could cause persons being stopped for search to be conducted to miss a flight or a business or even miss an interview for a job opportunity.
“The law does not give a blank cheque to police officers to determine what amounts to reasonable suspicion. There are limits to all powers given by the law to any officials,” Voon stressed.
The IGP had mentioned that police could, under Section 23 (1) of the Criminal Procedure Code, stop and search motorists of their handphones if there is a reasonable suspicion or complaint that a sizeable crime has been committed.
Voon, however, argued that not all crimes are sizeable offences under the law.
“The issue is who determines that there was a reasonable suspicion or complaint that a crime had been committed? What is meant by ‘reasonable suspicion’? How much is the suspicion that could be meant as ‘reasonable suspicion’?
“Police cannot be judge, prosecutor and executioner at the same time to determine what amounts to reasonable suspicion and that he determines whether or not there was suspicion for him to ask you to produce your handphone for inspection. It could be that at the time of inspection, he did not receive information about any crime at all.”
He thus urged members of the public not to be intimidated by police officers, and if they are being intimidated or being wrongly handled, they should seek professional advice.
Despite the subsequent criticisms from several quarters, he said it is important to acknowledge that the IGP had also said that the checks must be conducted respectfully and in accordance with existing laws and that they should not be carried out randomly or without reasonable cause.